Entries from Harmfulerror tagged with 'opinions'

Nevada Supreme Court issues 1 civil decision

In Schuck v. Signature Flight Support, a 3-judge panel (Justices Hardesty, Douglas and Pickering), issues a decision, authored by Justice Pickering, which affirms the grant of summary judgment in a case involving damage to an airplane.  The Court also finds...

Nevada Supreme Court issues 1 opinion: real property

In American Sterling Bank v. Johnny Mgmt. LV, the Nevada Supreme Court, in an en banc opinion authored by Justice Hardesty, addresses application of the doctrine of equitable subrogation where a refinancing mortgage's due date was accelerated.  The Court summarizes...

Nevada Supreme Court issues 2 opinions

In re Candelaria - In an en banc opinion authored by Chief Justice Parraguirre, with dissents by Justices Cherry and Saitta, the Court explains its rationale for its previously issued decision concerning the 5 year period applicable to those seek...

Nevada Supreme Court issues one opinion: workers' compensation

In Rio All Suite Hotel v. Phillips, the Nevada Supreme Court, in an en banc opinion authored by Justice Hardesty, considers a case in which an employee injured her ankle while descending a staircase at work.  The Court addresses "the...

Nevada Supreme Court issues 3 opinions

In Vega v. State, the Court addresses three issues: "First, we consider whether appellant Bernardo Vega's constitutional right to confrontation under the Confrontation Clause, Crawford v. Washington, 541 U.S. 36 (2004), and Melendez-Diaz v. Massachusetts, 557 U.S. ­___, 129 S....

Nevada Supreme Court issues opinions in 4 civil cases

City of Reno v. Citizens v. Cold Springs - land use and municipal code - you're on your own as I have no interest in this. Carrigan v. Commission of Ethics - The majority summarizes the issues and its holding: ...

Nevada Supreme Court issues 5 opinions

Ramirez v. State - "we conclude that the jury was not completely and accurately instructed as to the necessary elements of second-degree felony murder and that the improper instruction affected appellant Felicia Ramirez's substantial rights.  Accordingly, we reverse the district...

US Supreme Court issues 5 opinions, grants cert. in 1

With thanks to Scotusblog: Carr v. United States - the Court, on a 6-3 vote, reverses and remands in an opinion by Justice Sotomayor. Justice Scalia concurs in part and in the judgment, but joins most of Justice Sotomayor's opinion....

Nevada Supreme Court issues opinions in 3 civil cases

Marvin v. Fitch - absolute immunity for individual members of the State Board of Equalization. Betsinger v. D.R. Horton, Inc. - deceptive trade practices Thomas v. Hardwick - preservation of issues for appeal, spoliation, habit evidence, voir dire, "recall bias"...

US Supreme Court issues 6 opinions & grants cert. in 5

Via Scoutsblog United States v. Marcus - reversed and remanded, 7-1, in an opinion by Justice Breyer.  Justice Stevens dissents and Justice Sotomayor took no part in the case. Holding: The Court overturns the 2d Circuit's standard on "plain error."...

Nevada Supreme Court issues 2 opinions in civil cases

The Court issued its last published opinion in a criminal case on January 14, 2010.  That case involved the publication of a previously unpublished order.  The last original opinion in a criminal case was issued on December 10, 2009. For...

US Supreme Court issues opinion on students loan debt and bankruptcy

The US Supreme Court issued one opinion today.  In a unanimous decision, authored by Justice Thomas, the Court holds in United Student Aid Funds v. Espinosa that a bankruptcy court order, which discharged a student loan debt without a showing of undue...

US Supreme Court issues 2 opinions

Via Scotusblog, the US Supreme Court issued opinions in 2 cases today. The first opinion is  Milavetz, Gallop & Milavetz, P.A. v. United States.  Justice Sotomayor writes for the Court, joined in full by six Justices and in part by...

US Supreme Court issues 3 opinions

Via Scotusblog: In Johnson v. United States, the Court rules 7-2 that a "violent felony" under federal law requires the use of physical violence, thereby reversing and remanding the lower court.  Justice Scalia writes for the majority, while Justice Alito...

US Supreme Court issues decision on Miranda rights and Batson

In Florida v. Powell, a 7-2 decision authored by Justice Ginsburg, the Court finds that Miranda warnings were sufficient and did not mislead the accused into believing that he could not have an attorney present during questioning.  The Court notes...

US Supreme Court issues two opinions

In Briscoe v. Virginia, the Court accepted certiorari on issues concerning the Confrontation Clause and expert testimony.  After hearing oral argument, the Court summarily vacated the judgment of the Supreme Court of Virginia and remanded the case for further proceedings...

US Supreme Court issues its first opinions of the term

Via Scotusblog, the US Supreme Court issued four authored opinions this morning. Beard v. Kindler Vacated and remanded.  Chief Justice Roberts authored the opinion of the Court; Justice Kennedy concurred, joined by Justice Thomas.  Justice Alito took no part.  The Court...

Nevada Supreme Court issues opinion on bad interpretation

In Ouanbengboune v. State, a three justice panel (Chief Justice Hardesty and Justices Parraguirre and Douglas), finds that an inaccurate translation made during trial by a court-appointed interpreter did not warrant the grant of a new trial upon finding that...

Nevada Supreme Court issues 1 opinion

Citizens for Cold Springs v. City of Reno -   "In this appeal, we examine whether citizens have standing to challenge a land annexation if they do not own the property subject to annexation.  Consistent with our prior holdings granting citizens...

Nevada Supreme Court issues 2 opinions

Wyman v. State - The defendant was convicted of second-degree murder for the 1974 killing of her son.  The Court rejects her challenge to the district court's order denying a motion to dismiss based upon pre-indictment delay.  The Court finds...

Nevada Supreme Court issues 3 opinions

Rodriguez v. Primadonna Company   In this appeal, we consider whether the district court properly entered summary judgment in favor of the respondent hotel corporations, dismissing appellant's negligence claim.  Appellant's claim was grounded, in part, on allegations that respondents'...

Nevada Supreme Court issues opinion

McConnell v. State - the Court, sitting en banc, issues a per curiam decision affirming an order of the district court dismissing McConnell's post-conviction petition for a writ of habeas corpus in a capital case.  The Court concludes, in addressing...

Nevada Supreme Court issues opinion

V&S Railway v. White Pine County - summary judgment in an eminent domain action, scope of NRS 334.030....

Nevada Supreme Court issues 2 opinions

MGM Mirage v. Nevada Ins. Guaranty Ass'n - self-insured employers under the Workers' Compensation Act are not barred from recovering payment from the Nevada Insurance Guaranty Assocation for their covered workers' compensation claims payable by their isolvent excess insurance carrier....

US Supreme Court issues 4 opinions, including search & Crawford decisions

Melendez-Diaz v. Massachusetts - a state forensic analyst's laboratory report prepared for use in a criminal prosecution is "testimonial" evidence and is therefore not admissible, per Crawford v. Washington, absent the opportunity to confront and cross-examine the person who prepared the...

US Supreme Court issues 3 opinions

Coeur Alaska, Inc. v. Southeast Alaska Conservation Council - Something about fill permits, slurry, the EPA and the Corps.  You're on your own for this one.  6-3 decision authored by Justice Kennedy, Justice Ginsburg filed a dissenting opinion which was...

US Supreme Court issues 6 opinions this week - 10 left in term

Yeager v. United States - A jury's acquittal of an Enron executive of securities and wire fraud charges may have erected a double jeopardy bar to his retrial on factually related insider-trading and money-laundering charges on which the jury deadlocked. ...

Nevada Supreme Court issues 2 opinions

Ramet v. State - The State may not introduce evidence of a defendant's refusal to consent to a search of his home, and the prosecutor may not comment about the refusal to consent, but the evidence is harmless under the...

Nevada Supreme Court issues 2 opinions in civil cases

Las Vegas Taxpayer Comm. v. City Council Hartford Fire v. Trustees of Constr. Indus....

US Supreme Court issues 3 opinions

Abuelhawa v. United States - In a unanimous decision authored by Justice Souter, the Court holds that using a cellphone to make a drug purchase when the crime would be only a misdemeanor does not "facilitate" a felony distribution crime....

Nevada Supreme Court issues opinion

In Hannon v. State, the Court reverses a conviction, entered pursuant to a plea of nolo contendere, of one count of possession of a controlled substance.  The Court finds that an "emergency" search of a home was unlawful because there...

US Supreme Court issues 2 opinions

Via Scotusblog: Ashcroft, et al., v. Iqbal:  in a 5-4 decision, the Supreme Court on Monday threw out a claim that two top Bush Administration officials adopted a specific policy of racial and ethnic discrimination in a roundup and detention...

US Supreme Court issues 4 opinions

The US Supreme Court issued four opinions today: Flores-Figueroa v. United States - The decision below, which held for the United States, is reversed and remanded in a 9-0 opinion by Justice Breyer, available here.  Justice Scalia filed an opinion concurring...

Nevada Supreme Court issues 3 opinions

Sims v. Eighth Judicial District Court (Glass) - defense counsel may introduce independent competency evaluations during a competency hearing. Scarbo v. Eighth Judicial District Court (Glass) - a defendant is entitled to full and complete copies of a court-appointed examiners'...

US Supreme Court issues 2 opinions in criminal cases

In Dean v. United States, the Court holds, in a 7-2 opinion authored by Chief Justice Roberts, that under 18 USC 924(c)(1)(A)(i), which provides for a firearm enhancement of 5 years for using or carrying a firearm and an enhancement of...

9th Circuit extends Heller to state governments

The Ninth Circuit holds in Nordyke v. King that Heller v. District of Columbia, which recognized an individual's right to possess arms, applies to the states through the 14th Amendment.  The Circuit also holds, however, that a county government may...

Nevada Supreme Court issues 1 opinion

In Karcher Firestopping v. Meadow Valley Contr. the Court concludes that it lacks jurisdiction for an appeal over an order of the district court granting a motion to vacate an arbitration award, referring the matter back to arbitration and denying...

US Supreme Court issues 2 opinions in criminal cases

This morning the US Supreme Court issued an opinion in Harbison v. Bell.  In a 7-2 decision the Court holds that federal habeas corpus counsel may represent a defendant in state clemency proceedings. Yesterday the Court issued an opinion in...

Nevada Supreme Court issues 3 opinions

In re Application of Shin - The Court holds that NRS 179.245(5), which prohibits Nevada courts from sealing records concerning sexually based offenses, does not improperly impinge upon the power of the State Board of Pardons Commissioners to issue pardons. ...

Nevada Supreme Court issues opinion

The Nevada Supreme Court issued its seventh opinion of the year. In Collins v. State, the Court finds that NRS 0.060(2)'s definition of substantial bodily harm as "prolonged physical pain" is not unconstitutionally vague....

US Supreme Court issues 2 opinions

Pleasant Grove City, Ut v. Summum - 9-0 opinion authored by Justice Alito.  Concurring opinions by Justices Stevens (joined by Justice Ginsburg), Scalia (joined by Justice Thomas), Breyer and Souter.  Government bodies may accept permanent religious monuments in public parks...

US Supreme Court issues 3 opinions

United States v. Hayes - a 7-2 opinion authored by Justice Ginsburg - a 1996 federal law prohibiting possession of guns by a person convicted of a misdemeanor domestic violence applies whenever the victim was in fact the wife or...

No opinions this week

The Nevada Supreme Court did not release any published opinions this week. The Court published its most recent opinions on January 29, 2009.  To date, there are 6 published decisions this year. The Court has not posted an unpublished dispositions...

No opinions this week

The Nevada Supreme Court did not release any published opinions this week. The Court published its most recent opinions on January 29, 2009.  To date, there are 6 published decisions this year. The Court has not posted an unpublished dispositions...

Nevada Supreme Court issues opinion

Nika v. State - In an en banc opinion authored by Justice Hardesty, with Justices Cherry and Saitta dissenting, the Court finds the following:  "The primary issue in this appeal concerns a jury instruction defining premeditation, commonly referred to as...

Nevada Supreme Court issues 5 opinions

Sheriff v. Burcham - In a 4-3 decision, with a majority decision authored by Justice Gibbons, the Court reverses the grant of a pretrial petition for a writ of habeas corpus and dismissing a charge of driving and/or being in...

Nevada Supreme Court reverses murder conviction

Valdez v. State - The facts of this capital case are highly unusual in that when the jury returned its verdict of guilt on the charge of first-degree murder, the foreperson announced that they had also reached a decision as...

Nevada Supreme Court issues opinion on juvenile certification & 5th Amendment

In re: William M. & In re: Marques B. - these are consolidated appeals from juvenile court orders certifying the appellants for criminal proceedings as adults on charges involving the use of a firearm.  The Court summarizes its holding: "...

Nevada Supreme Court issues an opinion

Yea!! Olivares v. State - Olivares was convicted of first-degree murder with use of a deadly weapon.  His counsel raised questions about his competency prior to trial, but the district court (Judge Bonaventure) refused to hold a hearing.  The Court,...

Nevada Supreme Court issues 1 opinion

A civil case: Waldman v. Maini - something about life insurance, the trust doctrine and the Uniform Simultaneous Death Act.  I stopped reading after the third paragraph, so you're on your own for analysis....

Nevada Supreme Court issues 11 opinions

State v. Harte - The Court, sitting en banc, affirms an order of a district court partially granting a post-conviction petition for a writ of habeas corpus in a death penalty case.  The Court rejects the State's argument that McConnell v....

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